Mar 23, 2012 11:38 am
As some of you know George and I are trying to buy/build over in northers NSW. We had been looking at a MO that we didn't persue because we didn't feel comfortable and have started looking at other properties.
We've found something worth flying over to see (we're in WA) and I've been doing my research (because it is more fun than marking papers) and the property seems to have the following covenant on it:
(edited at beginning and end)....assigns that no fence shall be erected on the land hereby conveyed or transferred to divide it from such adjoining land without the consent of the transferrers their executors administrators or assignes but such consent shall not be withheld if such fence is erected without expense to the transferrors (et al) and in favour of any person dwelling with the transferrees or their assigns such consent shall be deemed to have been given in respect of every such fence for the time being erected.
It's a sub-divided lot and this seems to favor those on either side of the land. My understanding is that if I want a fence I a) have to ask permission and b) need to pay for it myself.
Am I wrong? Should this affect what we offer on the property? Is there anything I should be concerned about?
* I understand that the interpretations offered by anyone on the homeone forums do not constitute legal advice
Today is under construction. Thank you for understanding.
Re: Understanding a covenent3
Mar 23, 2012 3:17 pm
I'm not a legal person but from my experience of similar clauses this seems to say that you are buying land from someone who adjoins the block(the transferrors) and you will be responsible for the full cost of the fence between yourself and them. This quite common where developers or subdividers don't want to pay for boundary fences.
If the other side is owned by someone else then they should be responsible for half the fence cost. I would have thought the council should be able to tell you the owner of the vacant block
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Re: Understanding a covenent4
Mar 23, 2012 4:26 pm
That sounds like a developer clause to me.. meaning the developer will not contribute to the fence if you build it before they have sold the block.
My experience here in victoria is the council will give out contact details for neighbours if you send them a written request asking for them for fencing purposes.
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